Bala Alias Balamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14392 of 2017 1 BALA ALIAS BALAMURUGAN 2 SARAVANAN 3 RENGAN 4 VENKATESH 5 ASRI MANI 6 TELENGU BALU ALIAS BALU ... PETITIONERS / ACCUSED NOS. 3 TO 8 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT, CRIME NO. 305/2017. ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.M.SANJAY Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.3 to 8, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 342, 323 and 506(ii) of IPC, in Crime No.305 of 2017, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to the money dispute between A1, A2 and the defacto complainant, these petitioners/A3 to A8 joined together with A1 and A2 and attacked the defacto complainant. Thereby, the defacto complainant sustained injuries. Based on the compliant, the case has been registered for the above said offences.

3. The case of the petitioner is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Criminal side) appearing for the respondent on instructions, would submit that the injured person has been discharged from the hospital and investigation is still pending. The co-accused/A1 and A2 were released on bail by the Sessions Court.

5. Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Karaikudi, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioners shall report before the investigation officer, daily between 10.00 a.m. and 11.00 a.m., for a period of two weeks;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioners shall not commit any offence while on bail;

(iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically.

sd/- 26/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,KARAIKUDI.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.S.M.SANJAY Advocate SR.No.33251

ORDER

IN CRL OP(MD) No.14392 of 2017 Date :26/10/2017 MV:RR-BS:SAR2:31/10/2017/3P/6C